1991 (3) TMI 44

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..... llowing question : "Whether, on the facts and in the circumstances of the case, the Income -tax Appellate Tribunal was legally justified in striking down the order dated January 4, 1977, of the Inspecting Assistant Commissioner on the ground that the Inspecting Assistant Commissioner had no jurisdiction to pass the penalty order ? " For the assessment year 1965-66, the assessee, an individual, .....

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..... ant Commissioner lost the jurisdiction to impose the penalty. By virtue of the amendment, the power to impose penalty was given to the Wealth-tax Officer irrespective of the quantum of penalty imposable though of course subject to the approval of the higher authority. This point was accepted by the Tribunal and the penalty quashed. Thereupon, the present reference was obtained. The question rais .....

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